What is the ruling concerning a woman whose absent husband divorced her, then took her back without her knowledge, and she subsequently remarried? Is her second marriage valid, and does she become unlawful for the first husband?
If a husband divorces his wife with a revocable divorce, his reconciliation with her during her waiting period () is valid, even if the wife is unaware of the divorce, due to the Almighty’s saying: "And their husbands have more right to take them back in that [period] if they wish reconciliation." If she was unaware of his reconciliation, and her waiting period expired, and she married another man, then the first husband proves his reconciliation with her through evidence, then she is his wife, provided the second husband has not consummated the marriage with her. However, if the second husband has consummated the marriage with her, scholars are divided into two opinions:
1. She is returned to the first husband: This is the more preponderant opinion, because his reconciliation with her was valid while she was still the wife of the first husband. 2. She remains with the second husband: Because she is currently under him and he has consummated the marriage with her.
If it is decided that she is returned to the first husband, then he must abstain from her until her waiting period (iddah) ends.
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